Terms of Service

,§ 1 General, Scope

(1) These general terms of use apply to all legal relationships between TranspaShare GmbH, Rudolf-Diesel-Str. 12, 69234 Dielheim (hereinafter "TransparentShare") towards the users of the website https://www.transparentshare.com as well as the associated mobile applications e.g. https://app.transparentshare.com, App Store (Apple) or Google Play Store. Anyone who uses the app or the website is considered a user.

(2) Deviating user regulations do not apply, unless TransparentShare has expressly confirmed this in writing. Individual agreements always have priority. Agreements made with the user in individual cases (including side agreements, additions and changes) always take precedence over these terms and conditions.

(3) The text of the contract is not saved by TransparentShare after the contract is concluded and is therefore not accessible. The contract language is German. The user can call up, save and print these general terms and conditions.

(4) The business relationships between TransparentShare and the user are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded. The delivery area is Germany.

(5) The place of jurisdiction is the registered office of TranspaShare GmbH if the user is a merchant, a legal entity under public law or a special fund under public law.

(6) Consumers have the option of alternative dispute resolution. The following link from the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: http://ec.europa.eu/consumers/odr.

(7) Duty to provide information in accordance with Consumer Dispute Settlement Act (§36 VSBG): TransparentShare is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.

(8) Risk warning: All price, company and market data TransparentShare uses are provided by www.morningstar.com and www.boersengefluester.de . No liability is assumed for the correctness of the price, company and market data presented by these third-party providers. It is up to the user to check the correctness, completeness and actuality of this data.

The recommendations made by TransparentShare on the basis of this data are non-binding and serve only for information and to support the independent investment decision of the user. In addition, they are not a substitute for individual investor and investment-specific advice and do not constitute a financial service or legal, tax or other advice.

Latest news on stocks are provided byn bing.com . "Bing" is a service from Microsoft and provides popular news from a variety of economic and financial sources on the Internet. A current chart can be displayed for each share. We use the chart fromn onvista.de.No liability is accepted for the data from these third-party providers.

Any liability for damage of any kind (in particular financial loss) that may arise when using the TransparentShare recommendations for the user's own investment decision is excluded.

(9) TranspaShare GmbH was successfully reported to the Federal Financial Supervisory Authority (BaFin) . TranspaShare GmbH is registered on the List of institution-independent creators and / or forwarders of investment strategies and investment recommendations .

§ 2 Content, restriction of the offer

(1) TransparentShare is an application that evaluates publicly available price, company and market data and recommends shares for buying or selling. The user also has the option of managing his own shares. TransparentShare provides the user with a simple and comprehensible stock valuation with e-mail notification. The three possible ratings are:

1. “Buy recommendation”, the share is recommended for buying on this day;
2. “Watch”, the stock should be watched because it can become a buy recommendation and
3. “No recommendation”, no purchase is recommended.

According to the TransparentShare method, a stock is recommended to buy if the rating reaches a certain number of points. Alternatively, a stock can also be recommended to buy if the rating reaches a certain number of points and the current share price is at least 10% below the year's high. The user has the option of choosing between these two evaluation methods and setting which method he or she prefers. The rating is made up of 12 different key figures (parameters):

1. Return on equity
2. Equity ratio
3. Profit margin
4. Current price-earnings ratio (P / E)
5. Price-earnings ratio (P / E) over 5 years
6. Price change in the last 6 months compared to the index
7. Price change in the last 12 months compared to the index
8. Price momentum
9. Expected earnings growth
10. Change in profit estimate
11. Reaction to quarterly figures
12. Price-to-book ratio (P / B)

For each share, the user receives a daily description of how the individual points of the rating for each individual key figure have been calculated or come about. These key figures are also described in detail in the following annex: www.transparentshare.com/konzept . The meaning for the evaluation, the calculation and the evaluation of the respective key figure are described in detail there.

(2) The user cannot buy or sell shares via TransparentShare.

(3) TransparentShare is entitled to change the share portfolio and remove shares as well as add new shares. This can be the case if the composition of the index is changed or if the data providers no longer provide data on stocks. TransparentShare does not guarantee the permanent listing of individual shares.

(4) TransparentShare can restrict access to its own services if the security of the network operation and / or the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data, so require.

(5) TransparentShare offers a no-login entry. Users can access a reduced version of the app without registration. This includes:

• selected by the TransparentShare editorial team “Underrated Stocks of the Week”These stocks have declined in value within the last 12 months and have a good valuation rating. The content is intended as a guide to familiarize yourself with the app's functionality and does not constitute investment advice.

• selected editorial content, which are also published on the website.

By clicking on the button "Start" the user agrees to the validity of these General Terms and Conditions and the Privacy Policy.

§ 3 Registration

(1) In order to use TransparentShare, the user must register either using an existing Google, Facebook, LinkedIn or Apple account or by entering the requested data in the input mask. In both cases, each user must accept these General Terms and Conditions and have read the Privacy Policy. Until registration is complete, the user can correct his entries using the usual keyboard and mouse functions directly in the corresponding input fields. Registration is free of charge. The data requested during registration must be complete and correct. In any case, the user must provide his first name, email address and a password.

(2) If the user registers to receive regular notifications about buy and sell recommendations and / or a newsletter, he must verify his e-mail address before completing the registration. For this purpose, he will receive a link to the specified email address. The user must click on this link to receive the notifications and / or the newsletter (double opt-in). A registration that a user does not confirm by clicking the activation link within one week can be deleted by TransparentShare.

(3) The user contract is concluded when the registration has been confirmed by TransparentShare by email. The user also receives these General Terms of Use with the email. There is no entitlement to conclude a license agreement. The license agreement is unlimited. The user can terminate his user contract at any time in writing or by e-mail or delete his account (profile) himself.

(4) On his profile, the user is given the opportunity to subscribe to a free e-mail newsletter in addition to the notification of purchase and possible sales recommendations. The e-mail address provided by the user when registering is used to send the newsletter. TransparentShare will only send the newsletter if the user has expressly consented to it (see also § 3 (2)). In every newsletter there is a link via which the user can unsubscribe from the newsletter. He can also unsubscribe from the newsletter at any time in his profile in the app.

(5) Registration is only permitted for natural persons with unlimited legal capacity. Minors are not allowed to register. Each user may only have one access; transfer of access is not possible. TransparentShare is entitled to delete the account if emails cannot be delivered despite verification and the user does not provide TransparentShare with a new, verifiable email address within eight weeks.

(6) The user is responsible for keeping the user name and password confidential. The user may only use the service offer appropriately. Every user is obliged to inform TransparentShare immediately if there are indications that their access has been misused. Every user is fundamentally liable for all activities that are carried out using his access and releases TransparentShare from any claims for damages by third parties, unless the user is demonstrably not responsible for the abuse.

§ 4 Free and paid premium access, conclusion of contract

(1) Free access and trial period:
The registered user has the option of using the free version of TransparentShare for 14 days or purchasing a paid premium access. The free version includes the same functionality as the paid premium access. However, this version can only be used free of charge for 14 days. No credit card is required for this. The trial period does not need to be explicitly canceled. 

Before the end of the free trial period, the user is notified that they can purchase paid access at the end of the trial. If they do not purchase paid access within the 14-day period, TransparentShare will only be available with limited functionality. The user will then no longer be able to access the menu items Recommendations, Dividend Yield, and My Stocks. Functions such as Settings, Help, Feedback, and Legal will remain available.

(2) Premium Access Services:
Premium access includes, among other things:

• Automated stock valuation
  Every day, stocks are automatically valued using data-based key figures.
• Buy recommendations
  Receive buy recommendations for stocks - understandable and comprehensible.
• Sales recommendations
  Receive sell recommendations for bought stocks and never miss the right selling moment.
• Stock management
  Keep track of your stocks. Which stocks should be “held” and which should be “sold”?
• Watchlist
  Keep an eye on stocks that interest you and add them to your watchlist.
• Email notifications
  Receive additional email notifications for stock recommendations, including editorially curated content such as "Underrated Stocks of the Week", as well as a monthly summary.
• Historical evaluation
  Get an overview of how a stock was valuated in the last 3 months.
• Latest news
  Latest news for all stocks. Get a quick overview of the latest news for all stock recommendations and the stocks you have purchased. The news is provided by bing.com . "Bing" is a service from Microsoft and provides popular news from a variety of economic and financial sources on the Internet.
• Charts
  View detailed and up-to-date charts for each stock. The chart display from onvista.de is used.

(3) Premium Lifetime Access

Instead of a fixed-term premium subscription, users can purchase Premium Lifetime Access as a one-time license. With Premium Lifetime Access, users receive unlimited access to all features of the Premium version of TransparentShare available at the time of purchase.
All future enhancements and improvements within the existing premium version (for example, additional rating functions, performance optimizations, or new features within the same product level) are included in the Premium Lifetime Access.
Premium Lifetime Access does not include any future separately offered product tiers or add-on packages that extend beyond the existing Premium features (for example, a potential "Premium Plus" version). Such extended offerings can be purchased separately if desired.

(4) Functional email communication
TransparentShare's features include function-related email notifications. These include, in particular, information on valuations, buy or sell recommendations, editorially prepared content such as "Undervalued Stocks of the Week," and monthly summaries.

These emails are solely for the purpose of using, explaining and supporting the offered features and do not constitute marketing or advertising emails.

Users can disable function-related email notifications in their user profile settings. Login is required to ensure user identification. Alternatively, users can also opt out of function-related emails or delete their user account by sending an email to [email address missing]. info@transpashare.com apply for.

(5) Premium subscription and payment processing
If the user wants to purchase paid premium access, he must take out a premium subscription. The user can purchase the premium subscription via the website (https://app.transparentshare.com, via the Android app (Google Play Store) or Apple app (App Store). On the website and in the Android app, payment is made via the payment provider Stripe Payments Europe, Ltd (hereinafter "Stripe"). Stripe offers various payment methods, including: 

• Credit cards (Mastercard, Visa, American Express, Discover, Diners Club)
• SEPA
• Google Pay
• Apple Pay
• PayPal
• link 

In the Apple app, the payment process takes place via Apple. 

Payment processing for Premium Lifetime Access is handled via the same payment services and platforms as for the Premium Subscription.

(6) Termination of the trial period upon conclusion of a premium subscription

If the user subscribes to the premium plan before the end of the 14-day trial period, the free trial will automatically end. If the user wishes to use the trial period in its entirety, they should only subscribe to the premium plan after the 14 days have expired. 

(7) Special conditions for Apple subscribers
Special conditions apply when you purchase a Premium subscription in the Apple app. If you purchase your subscription through the Apple app, you can only cancel the renewal of your subscription through Apple. The procedure is here described. If you make the purchase through Apple, Apple's terms apply. However, these Terms will still apply to your use of the Services. Apple handles all billing for in-app purchases made through the Apple app. Customers who have subscribed to TransparentShare through Apple must register with refund requests contact Apple directly. Apple is usually able to Refund requests within 30 days of the date of purchase (at Apple's discretion). Please contact Apple directly for details. 

(8) Contract conclusion and prices
The prices and rates published on the website and in the mobile applications apply exclusively to consumers using TransparentShare for private, non-commercial purposes. Professional and institutional clients, in particular asset managers, family offices, fund providers, banks, and other financial service providers, must request an individual offer from TransparentShare and conclude a separate contract before subscribing and before any commercial, professional, or institutional use.

The price shown on the website at the time of the order applies, including the applicable sales tax. Before the order is placed, the user can correct all entries using the usual keyboard and mouse functions. Finally, the customer must agree to these general terms and conditions, the cancellation policy and the privacy policy. The order is placed by clicking on a button that makes it clear that a payment obligation arises (e.g. "order with payment" or a similar term). The order placed by the user via the Internet is a binding offer. The user can save the contract text using the usual functions before sending the order and then print it out if necessary.

(9) Confirmation and invoicing
The contract is concluded when the user has received confirmation of acceptance of the order by email from TransparentShare or when TransparentShare begins to provide the service. The user also receives these General Terms and Conditions of Use and the cancellation policy with the email. TransparentShare always issues the user an invoice, which is either sent to the user in text form by email or which the user can access in the "Manage subscription" menu item in their user account.

(10) Terms and conditions of payment processing via Stripe
Payment processing is carried out in accordance with Stripe's terms and conditions as well as the specific terms and conditions of the respective payment method. Stripe is responsible for the secure processing of payments and does not store any complete payment data with TransparentShare. By selecting the payment method and completing the payment, the user agrees to Stripe's terms and conditions and privacy policy.

(11) Special provisions for SEPA Direct Debit
If you select the SEPA direct debit payment method via Stripe, payment processing will be carried out by the payment service provider Stripe Payments Europe, Ltd., C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”). In this case, Stripe will debit the invoice amount from the customer’s bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance information period. Advance information (“pre-notification”) is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though they are not entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The seller reserves the right to carry out a credit check if the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.

§ 5 Duration of the Premium User Agreement

(1) In the first 14 days, the user can use TransparentShare's free premium access for a trial without specifying a credit card.

(2) If the premium subscription is concluded after the end of the trial period, the contract is continuously extended by the respective duration of the selected subscription (1 month, 6 months or 12 months). The user can terminate the contract at any time at the end of the respective term. To do so, the user must first call up the menu item "Manage subscription", then select the function "Manage payments and subscription" and in the next step use the option "Cancel subscription". If he does not make use of this option, he can also terminate in writing or by email with a notice period of 14 days at the end of the respective subscription period. The right to extraordinary termination without notice remains unaffected.

(3) If you purchase your subscription through the Apple app, you can only cancel your subscription renewal through Apple. The procedure is here described.

(4) TransparentShare Premium is offered only for the duration that the service is operated and TranspaShare GmbH continues its business activities. If the service is discontinued or the company is dissolved, all Premium access will terminate automatically. In this case, there is no entitlement to a refund of payments already made; statutory rights, in particular those arising from a validly exercised right of withdrawal, remain unaffected.

(5) Duration of Premium Lifetime Access:
Premium Lifetime Access is not a subscription and does not renew automatically. The user receives unlimited access to the premium features at the time of purchase, as well as to future enhancements within the same product tier. Paragraph (4) remains unaffected.

§ 6 Price adjustments

(1) TransparentShare reserves the right to change the prices for existing subscriptions if this is necessary due to increased operating costs, data licensing costs, technological developments, general price increases or changes in legal requirements.

(2) Price adjustments will be communicated to the user at least 30 days before it takes effect in text form (e.g., by email). The notification will state the old and new prices, the effective date, and the reason for the adjustment.

(3) The price change will only at the start of the next subscription period The user may object to the price change until it takes effect and cancel his subscription cancel at the end of the current subscription periodIf the user does not exercise this right, the price change shall be deemed approved.

(4) Price adjustments apply not during a period already paid for.

(5) For subscriptions concluded via third-party platforms (e.g., Apple App Store, Google Play Store), the applicable regulations apply in addition. In these cases, notification and, if applicable, obtaining consent will be carried out in accordance with the terms and conditions of the respective platform operator.

(6) The price paid once for Premium Lifetime Access will not be adjusted after conclusion of the contract. Price adjustments according to paragraphs (1) to (5) apply exclusively to ongoing subscriptions.

§ 7 System integrity and disruption

(1) Users may not use any mechanisms, software or other scripts in connection with the use of TransparentShare that could disrupt the functioning of TransparentShare, in particular those that make it possible to generate automated page views.

(2) Users may not take any measures that could result in an unreasonable or excessive load on the infrastructure.

(3) Users may not block, overwrite or modify any content generated by TransparentShare or interfere with the app in any other way.

(4) If the user becomes aware of a violation of the above provisions, TransparentShare is authorized, in addition to the right to terminate without notice, to block access to the service resulting from the scope of services.

§ 8 Responsibility for content, liability

(1) TransparentShare assumes no responsibility for the data, information and documentation provided by third-party providers being complete, correct and up-to-date. This is especially true for those of www.morningstar.com and www.boersengefluester.de provided price, company and market data. Reference is made to the risk notice under § 1 (8) and the corresponding disclaimer. Any liability on the part of TransparentShare in connection with changes to the portfolio is excluded.

(2) TransparentShare does not guarantee that interactive processes reach the user correctly and that the dial-in process via the Internet is guaranteed at all times. In addition, TransparentShare does not guarantee that data will be exchanged at a specific transmission speed. TransparentShare also assumes no liability for data security outside of its sphere of control. The warranty also excludes disruptions that arise from defects or interruptions in the user's computer or the communication channels from the user to the server. TransparentShare assumes no liability for disruptions and damage caused by force majeure or technical or other problems that are beyond TransparentShare's control (e.g. attacks by hackers or virus attacks).

(3) Outside of liability for material defects and defects of title, TransparentShare is liable without limitation for damage caused by it, insofar as the cause of the damage is based on intent or gross negligence. TransparentShare is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the contractual purpose) as well as for the breach of cardinal obligations (obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user regularly relies) , but only for the foreseeable, contract-typical damage. TransparentShare is not liable for the slightly negligent breach of obligations other than those mentioned above. Liability for compensation for indirect damage only exists in the event of intent or gross negligence on the part of legal representatives, executives or other agents of TransparentShare.

(4) The limitations of liability in the preceding paragraph do not apply to injury to life, limb and health, to a defect after assuming a guarantee and to fraudulently concealed defects.

(5) If the liability of TransparentShare is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

§ 9 Copyrights, rights of use

(1) The contents of the TransparentShare offers are protected by copyright. The user may therefore only use them for private, own, non-commercial and / or non-commercial purposes without the separate consent of TransparentShare. Any use beyond the statutory restrictions, in particular any duplication, storage, distribution, making available to the public, etc. for commercial and / or commercial purposes, including storage in database systems or use within presentations in commercial operations, publication on the Internet - or intranet, as well as the transfer of content or the granting of rights to third parties, requires the prior express consent of TransparentShare.

(2) In the event of a breach of the above provisions, TransparentShare is entitled to terminate the contract concluded with the user at any time without notice and to reimburse him for the unauthorized, chargeable use as well as for further damages, in particular in the case of claims made by third parties due to the illegal use TransparentShare can be claimed against. We reserve the right to make further claims.

(3) The equity valuation developed by TransparentShare, including the adjusted key figures, valuation system, and purchase and sale-related conditions, are subject to the intellectual property of TranspaShare GmbH. Commercial use, reproduction, distribution, public disclosure, editing, or any other use of this valuation methodology or its components – even in part – is only permitted with the prior written consent of TranspaShare GmbH. This applies in particular to use in proprietary software solutions, websites, presentations, publications, or other commercial or business contexts.

§ 10 Use of app stores

When using TransparentShare via the Apple App Store or the Google Play Store, the general terms and conditions of these third-party providers may also apply in addition to these general terms and conditions. The terms and conditions of the Apple App Store as well as further information about the provider can be found at: https://www.apple.com/de/legal/. The terms and conditions of the Google Play Store, as well as further information about this provider can be found at: https://play.google.com/intl/de_de/about/play-terms.html.